Bimala Devi Passary v. Binod Agarwal
Case brief
What is this about?
Prayer for direction to subordinate court (Senior Civil Judge, Rourkela) for time-bound disposal of partition suit C.S. No. 95 of 2019; High Court declines to direct early disposal absent documents showing present status of the suit or unnecessary adjournments; aged litigants (plaintiff aged 78, others above 70); evidence not yet commenced; reliefs included preliminary decree for 1/2 share, final decree and possession, and permanent injunction against alienation by Defendant No.01 to 05; CMP disposed of with liberty to plaintiffs to seek early disposal before trial Court; Orissa High Court; single-judge order; Savitri Ratho, J.; 09.04.2025.
What did the court decide?
No direction for early disposal was issued; the plaintiffs were left free to apply to the learned trial Court for early disposal of the suit if the defendants try to delay it.